Assembly bill would prevent fraud

Since 2009, immigration reform has grabbed national attention, due to the support expressed by President Barack Obama.

The reform movement hasn’t been embraced by all legislators. Although the Border Security, Economic Opportunity and Immigration Modernization Act of 2013 (S.744) was approved by the Senate, a companion bill has yet to emerge from the House of Representatives. Immigration reform activists have undertaken marches, petition drives, text and mail campaigns and more in an effort to get the Republican House to approve a bill but that hasn’t happened yet and isn’t expected to anytime soon.

While the controversy rages, opportunists have taken advantage of undocumented workers’ fears by promising all sorts of prevention and intervention — for a considerable fee, of course. To stem such abuse, Assemblywoman Lorena Gonzalez (D-San Diego) authored an Immigrations Services bill (AB1159) signed into law by Gov. Jerry Brown last Oct 5.

“As millions of California families face the historic opportunity of improving their lives by pursuing a pathway to citizenship, the state must be ready to ensure immigration services are performed by competent professionals and include anti-fraud protections,” Gonzalez said in a press release. “AB 1159 prepares California for this upswing in demand by creating more accountability and transparency in an otherwise daunting process for immigrants, who are already targets of fraud now.”

The State Bar of California has taken the initiative to disseminate the information about this law, how to prevent abuses and how those who’ve been scammed can report the incident.

“What the law says is that no lawyer should accept money from anybody during the immigration reform law process,” said Capt. Rigoberto C. Romero, Ret., of the Diplomatic Liaison Office of Public Protection for The State Bar of California. “The reason is because the immigration reform law doesn’t exist. You cannot give money for something that actually doesn´t exist.

“The second reason is, if a lawyer accepts money from somebody, then that money has to be saved in a special reserve until the immigration feform is approved — and the lawyer must notify the client in writing where the money is being held.”

Romero urges anyone who has paid money toward the “immigration reform” process to report it to the state bar, open a case and allow the bar to investigate the claim.

“The State Bar of California is not here to investigate your legal status, that is not relevant to the work the bar does,” Romero said. “The bar was created by the Supreme Court of California to protect the consumer from lawyers who act in a dishonest way.”

The State Bar of California is relying on public agencies such as UFW, Catholic Charities, and other religious and civil groups to promote this law and prevent abuses.

“Here at Catholic Charities, our No. 1 mission is social justice,” said Paz Padilla, immigration specialist for the agency. “When we see something happening to the people, we say, ‘Wait a minute. Is something wrong?’ As human beings — and as an agency — it is our responsibility to protect our people.”

This joint collaboration with the Monterey Diocese was initiated by Romero earlier this year at a national meeting of diocese social justice directors in Washington, D.C.

“As Catholics, we have a preference for the poor and the most vulnerable in our society,” said Pete Stemp, communications director for the Monterey Diocese. “These are very vulnerable people, so if we can do something to help them, to inform them, to defend them, it is our obligation to do so.

“This is not exclusively for Catholics, this service is open to all,” he said. “We want to do our social work for all. Catholic Charities is part of social work, it is the Monterey Diocese’s arm to offer service to all with no discrimination.”

Romero suggests not giving money to any lawyer or notary public or any person who pretends to give you legal advice on immigration matters. But if you do, pay with a check. If you don´t have a bank account and you have to pay with cash, ask for a receipt or invoice that includes the amount, date and offered services in the language you understand.

“Be careful, there are some notaries who have their business in temporary locations and they stay for (a short period of time),” Romero said. “They get a lot of money from many people and disappear. More than likely, your money is gone, too. So be careful not to become a fraud victim.”

Learn more

The State Bar has launched a publicity campaign to promote this law through print media, television and radio spots and offers a Spanish phone line for reports. Call 866-879-4532 or visit www.calbar.ca.gov.